Are You Being Paid What You’ve Earned? Common Overtime Violations in Waco, Texas 

At Scanes Yelverton Talbert LLP, we understand the value of hard work, and we believe every hardworking Texan deserves to be paid fairly and thoroughly. Unfortunately, far too many employees in Waco and across Central Texas are being shorted on their paychecks due to illegal and unethical overtime practices. Whether your employer is misclassifying your role, refusing to pay for all hours worked, or simply hoping you don’t know your rights under the law, you may be the victim of wage theft. 

 

Overtime Pay: What Texas Workers Need to Know 

The Fair Labor Standards Act (FLSA) requires that most hourly employees be paid time-and-a-half for any hours worked over 40 in a single workweek. These laws were created to protect workers just like you, but many employers either ignore these rules or actively work to get around them. 

 

At SYT, we’ve seen firsthand how employers take advantage of wage laws, especially when workers are unaware of their rights. If you’ve ever looked at your paycheck and thought something wasn’t right, you may be onto something. Let’s break down the most common ways Texas employers violate overtime laws and how you can fight back. 

 

7 Common Overtime Violations in Waco and Beyond 

Misclassifying Employees as Exempt 

Employers sometimes label workers as “exempt” to avoid paying overtime without changing job duties or increasing salary. If your responsibilities haven’t changed but your pay did, this could be a violation. 

 

Telling Salaried Workers They Aren’t Eligible 

Just being salaried doesn't mean you're exempt from overtime. To qualify for exemption, your employer must meet strict criteria related to both how much you earn and what kind of work you do. If you don’t meet both, you’re likely entitled to overtime. 

 

Improper Use of Independent Contractor Status 

Employers often wrongly classify workers as independent contractors to avoid paying overtime. But suppose your employer controls your schedule, supervises your work, and you function like a regular employee. In that case, you may be legally entitled to overtime pay, regardless of what your tax form says. 

 

Paying “Straight Time” for Overtime Hours 

One of the most blatant violations is paying the same hourly rate for overtime hours. If you’re working more than 40 hours per week and not receiving 1.5x your regular rate, your employer is violating federal law. 

 

Refusing to Pay for Unauthorized Overtime 

Some employers try to avoid paying overtime by saying it wasn’t “pre-approved.” But under both Texas and federal law, you must be paid for all time worked, even if your employer didn’t permit you in advance. 

 

Stealing Time 

If you’re working before clocking in, after clocking out, during lunch breaks, or while traveling between job sites without being paid, your employer may be engaging in wage theft. Every minute you work matters and must be compensated. 

 

Misclassifying Commissioned Workers 

If you earn commissions but work primarily on-site and commissions make up less than half your income, you may still qualify for overtime. Don’t assume you’re exempt without having a legal professional evaluate your situation. 

 

Why Choose SYT to Represent You? 

At Scanes Yelverton Talbert LLP, we are proud to serve Waco workers and employees across Texas who’ve been taken advantage of. Our experienced employment law attorneys are here to provide clear answers, honest guidance, and aggressive legal action when needed. 

 

We offer: 

• Free consultations to review your case 
• Legal strategies to recover back pay, liquidated (double) damages, and attorney’s fees 
• Thorough investigations into misclassification and payroll records 
• Dedicated support from a Waco-based legal team that treats you with the respect you deserve 

 

Whether you’re a warehouse worker, healthcare employee, retail associate, technician, or office staffer, you have rights. If you’re working long hours and not seeing it reflected in your paycheck, we’ll help you fight back. 

 

Your Right to Recover Lost Wages Has a Deadline 

Time is not on your side. Under federal law, you typically only have two years to file a claim for unpaid overtime or three years if the violation was willful. Every day you wait could mean lost wages that can never be recovered. 

 

Contact our team today to speak with an attorney and learn how we can help you.